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A BILL TO BE ENTITLED
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AN ACT
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relating to subdivision replatting by certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.014, Local Government Code, is |
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amended to read as follows: |
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Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING |
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PLAT. (a) A replat of a subdivision or part of a subdivision may |
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be recorded and is controlling over the preceding plat without |
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vacation of that plat if the replat: |
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(1) is signed and acknowledged by only the owners of |
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the property being replatted; |
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(2) is approved, after a public hearing on the matter |
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at which parties in interest and citizens have an opportunity to be |
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heard, by the municipal authority responsible for approving plats; |
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and |
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(3) does not attempt to amend or remove any covenants |
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or restrictions. |
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(b) This subsection applies only to a replat of a |
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subdivision or a part of a subdivision located in a municipality or |
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the extraterritorial jurisdiction of a municipality with a |
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population of 1.9 million or more. In Subsection (a)(3), |
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"covenants or restrictions" means: |
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(1) covenants or restrictions contained in a |
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dedicatory instrument recorded in the real property records |
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separately from the preceding plat or replat; or |
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(2) covenants or restrictions contained in the |
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preceding plat or replat and referenced in a dedicatory instrument |
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recorded in the real property records separately from the preceding |
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plat or replat. |
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SECTION 2. ACTS AND PROCEEDINGS VALIDATED. (a) This |
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section applies only to a municipality with a population of 1.9 |
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million or more that approved the replat or attempted replat of a |
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subdivision or a part of a subdivision before the effective date of |
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this Act. |
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(b) The governmental acts and proceedings of the |
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municipality relating to the approval of a replat or attempted |
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replat of a subdivision or a part of a subdivision by the |
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municipality are validated as of the dates they occurred. The acts |
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and proceedings may not be held invalid because they were not |
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performed in accordance with Chapter 212, Local Government Code, or |
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other law. |
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(c) The governmental acts and proceedings of the |
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municipality occurring after a replat or attempted replat of a |
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subdivision or a part of a subdivision by the municipality may not |
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be held invalid on the ground that the replat or attempted replat, |
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in the absence of this section, was invalid. |
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(d) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final |
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judgment of a court; or |
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(2) has been held invalid by a final judgment of a |
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court. |
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SECTION 3. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2007. |